Section 1. K.S.A. 1996 Supp. 25-1122 is hereby amended to read
as
follows: 25-1122. (a) Any person described in K.S.A. 25-1119, and
amend-
ments thereto, may file with the county election officer where such
person
is a resident, or where such person is authorized by law to vote as
a former
precinct resident, an application for an advance voting ballot.
The signed
application may be transmitted to the county election officer by
facsimile.

Ch. 124 1997
Session Laws of Kansas
585

(b) Applications for advance voting ballots to be transmitted to
the
voter by mail shall be filed only at the following times:

(1) For the primary election occurring on the first Tuesday in
August
in even-numbered years, between April 1 of such year and the last
busi-
ness day of the week preceding such primary election.

(2) For the general election occurring on the Tuesday succeeding
the
first Monday in November in even-numbered years, between 90
days
prior to such election and the last business day of the week
preceding
such general election.

(3) For the primary election held five weeks preceding the first
Tues-
day in April, between January 1 of the year of such election and
the last
business day of the week preceding such primary election.

(4) For the general election occurring on the first Tuesday in
April,
between January 1 of the year of such election and the last
business day
of the week preceding such general election.

(5) For question submitted elections occurring on the date of a
pri-
mary or general election, the same as is provided for ballots for
election
of officers at such election.

(6) For question submitted elections not occurring on the date
of a
primary or general election, between the time of the first
published notice
thereof and the last business day of the week preceding such
question
submitted election, except that if the question submitted election
is held
on a day other than a Tuesday, the county election officer shall
determine
the final date for mailing of advance voting ballots, but such date
shall
not be more than three business days before such election.

(7) For any special election of officers, at such time as is
specified by
the secretary of state.

(8) For the presidential preference primary, between January 1
of
the year in which such primary is held and the last business day of
the
week preceding such primary election.

The county election officer of any county may receive
applications prior
to the time specified in this subsection (b) and hold such
applications
until the beginning of the prescribed application period. Such
applications
shall be treated as filed on that date.

(c) Except as otherwise provided in subsection (e), applications
made
by persons specified in K.S.A. 25-1119, and amendments thereto,
for
advance voting ballots to be transmitted to the voter in person in
the
office of the county election officer shall be filed only on the
Tuesday
next preceding the election, or such earlier date as the county
election
officer may designate, on each subsequent business day and, if the
county
election officer so provides, on Saturday, until no later than
12:00 noon
on the day preceding such election. Upon receipt of any such
application,
properly executed, the county election officer shall deliver to the
voter
such ballots and instructions as are provided for in this
act.

(d) Any person having a permanent physical disability or an
illness

586 1997 Session
Laws of Kansas Ch.
124

which has been diagnosed as a permanent illness who would be
qualified
to vote an advance voting ballot pursuant to K.S.A. 25-1119, and
amend-
ments thereto, is hereby authorized to make an application for
permanent
advance voting status. Applications for permanent advance voting
status
shall be in the form and contain such information as is required
for ap-
plication for advance voting ballots but shall also contain
information
which establishes the voter's right to permanent advance voting
status.

(e) On receipt of any application filed under the provisions of
this
section, the county election officer shall prepare and maintain in
such
officer's office a list of the names of all persons who have filed
such
applications, together with their correct post office address and
the pre-
cinct, ward, township or voting area in which such persons claim to
be
registered voters or to be authorized by law to vote as former
precinct
residents and the present resident address of each applicant, which
names
and addresses shall remain so listed until the day of such election
available
for inspection upon request in compliance with this subsection by
any
registered voter during regular business hours. The county election
offi-
cer upon receipt of such applications shall enter upon a record
kept by
such officer the name and address of each such person, which
record
shall conform to the list above required. The county election
officer shall
maintain a separate listing of the names and addresses of persons
quali-
fying for permanent advance voting status. Before inspection of any
ad-
vance voting ballot application list, the person desiring to make
such in-
spection shall provide to the county election officer
identification in the
form of driver's license or other reliable identification and shall
sign a log
book or application form maintained by such officer stating such
person's
name and address and showing the date and time of inspection.
All
records made by the county election officer shall be subject to
public
inspection, except that the identifying number on ballots and
ballot en-
velopes and records of such number shall in no case be made
public.

(f) If an advance voting ballot is destroyed, spoiled, lost or
not re-
ceived by the voter, the voter may request a replacement ballot
from the
county election officer as provided in this subsection. When a
request is
timely received under this subsection, the county election officer
shall
deliver the ballot to the voter if the voter is present in the
office of the
county election officer, or promptly transmit the ballot by mail to
the
voter at the address contained in the original application, except
when
prohibited in the subsection. The county election officer shall
keep a
record of each replacement advance voting ballot provided under
this
subsection.

Sec. 2. K.S.A. 1996 Supp. 25-1123 is hereby amended to read
as
follows: 25-1123. (a) When an application for an advance
voting ballot
has been filed in accordance with K.S.A. 25-1122, and
amendments
thereto, the county election officer shall transmit to the voter
applying

Ch. 124 1997
Session Laws of Kansas
587

therefor one each of the appropriate ballots. Except as
provided by sub-
section (b), the county election officer shall transmit the advance
voting
ballots to the voter at one of the following addresses as specified
by the
voter on such application: (1) The voter's residential address or
mailing
address as indicated on the registration list; (2) the voter's
temporary
residential address; or (3) a medical care facility as defined in
K.S.A.
65-425, and amendments thereto, psychiatric hospital, hospice or
adult
care home where the voter resides. No advance voting ballot
shall be
transmitted by the county election officer by any means prior to
the 20th
day before the election for which an application for an advance
voting
ballot has been received by such county election officer. If the
advance
voting ballot is transmitted by mail, such ballot shall be
transmitted with
printed instructions prescribed by the secretary of state and a
ballot en-
velope bearing upon the outside a printed form as described in
K.S.A.
25-1120, and amendments thereto, and the same number as the
number
of the ballot. If the advance voting ballot is transmitted to the
applicant
in person in the office of the county election officer, such
advance voting
ballot and printed instructions shall be transmitted in an advance
voting
ballot envelope bearing upon the outside a printed form as
described in
K.S.A. 25-1120, and amendments thereto, and the same number as
the
number of the ballot unless the voter elects to deposit the advance
voting
ballot into a locked ballot box without an envelope. All ballots
shall be
transmitted to the advance voting voter not more than 20 days
before the
election but within two business days of the receipt of such
voter's ap-
plication by the election officer or the commencement of such
20-day
period. In primary elections required to be conducted on a partisan
basis,
the election officer shall deliver to such voter the ballot of the
political
party of the applicant.

(b) The restrictions in subsection (a) relating to where a
county elec-
tion officer may transmit an advance voting ballot shall not apply
to an
advance voting ballot requested pursuant to an application for an
advance
voting ballot filed by a sick, physically disabled or illiterate
voter.

Sec. 3. K.S.A. 1996 Supp. 25-1124 is hereby amended to read
as
follows: 25-1124. (a) Any person qualified to vote pursuant to
K.S.A.
25-1119, and amendments thereto, upon receiving any ballot
transmitted
to such person as provided in this act, shall cast their vote as
follows: The
voter shall make a cross or check mark in the square or
parentheses
opposite the name of each candidate or question for whom the
voter
desires to vote. The voter shall make no other mark, and shall
allow no
other person to make any mark, upon such ballot. If the advance
voting
ballot was transmitted by mail, the voter shall
then personally place the
ballot in the ballot envelope bearing the same number as the ballot
and
seal the envelope. The voter shall then fill out
in full the form on the
ballot envelope and shall sign the same. Except as provided by
K.S.A. 25-

588 1997 Session
Laws of Kansas Ch.
124

2908, and amendments thereto, the ballot envelope shall
be mailed or
otherwise transmitted to the county election officer. If the
advance voting
ballot was transmitted to the voter in person in the office of the
county
election officer, the voter may deposit such ballot into a locked
ballot box
without an envelope.

(b) Any sick, physically disabled or illiterate voter who is
unable to
apply for or mark or transmit an advance voting ballot, may request
as-
sistance by a person who has signed a statement required by
subsection
(d) in applying for or marking or transmitting
an advance voting ballot.

(c) An application for an advance voting ballot filed by a
sick, phys-
ically disabled or illiterate voter or by a person rendering
assistance to
such voter may be filed during the regular advance ballot
application
periods until the close of the polls on election day. Any voted
ballot may
be transmitted to the county election officer by the voter or by
another
person upon request of the voter. Any such voted ballot shall be
trans-
mitted to the county election officer before the close of the polls
on election
day.

(c)(d) The county election officer
shall allow a person to assist a sick,
physically disabled or illiterate voter in applying for or marking
or trans-
mitting an application or advance voting ballot, provided
a written state-
ment is signed by the person who renders assistance to the sick,
physically
disabled or illiterate voter and submitted to the county election
officer
with the application or ballot. The statement shall be on a form
prescribed
by the secretary of state and shall contain a statement from the
person
providing assistance that the person has not exercised undue
influence
on the voting decision of the sick, physically disabled or
illiterate voter
and that the person providing assistance has completed the
application
or marked the ballot as instructed by the sick, physically disabled
or illit-
erate voter.

(d)(e) Any person assisting a sick,
physically disabled or illiterate
voter in applying for or marking or transmitting
an advance voting ballot
who knowingly and willfully fails to sign and submit the statement
re-
quired by this section shall be guilty of a class E
felony.or who exercises
undue influence on the voting decision of such voter shall be
guilty of a
severity level 9 nonperson felony.

Sec. 4. K.S.A. 1996 Supp. 25-1128 is hereby amended to read
as
follows: 25-1128. (a) No voter shall mark or transmit to the county
elec-
tion officer more than one advance voting ballot, or set of one of
each
kind of ballot, if the voter is entitled to vote more than one such
ballot
at a particular election.

and amendments thereto, shall intercept, interfere with, or
delay the
transmission of advance voting ballots from the county election
officer to
the voter.

(c)(d) No person shall willfully and
falsely affirm, declare or sub-
scribe to any material fact in an affirmation form for an advance
voting
ballot, or set of advance voting ballots if the voter is entitled
to vote more
than one kind of advance voting ballot at a particular election, or
in a
declaration form on an advance voting ballot envelope.

(d)(e) Nothing in this section shall be
construed to prohibit any per-
son from mailing, carrying or otherwise conveying advance voting
ballots
or sets of advance voting ballots to the county election officer
upon re-
quest of advance voting voters.

(e)(f) Violation of any provision of
this section is a class C misde-
meanor.

Sec. 5. K.S.A. 1996 Supp. 25-2316c is hereby amended to read
as
follows: 25-2316c. (a) When a registered voter changes name by
marriage,
divorce or legal proceeding, if such voter is otherwise qualified
to vote at
such voting place such voter shall be allowed to vote a provisional
ballot
at any election, or apply for an advance voting ballot, on
the condition
that such voter first completes the application for registration
prescribed
by K.S.A. 25-2309, and amendments thereto. Completion of the
appli-
cation shall authorize the county election officer to update the
registration
records, if appropriate, for voting in future elections. The county
election
officer shall send, by nonforwardable first-class mail, a notice of
disposi-
tion to any voter completing such application.

(b) When a registered voter changes residence, such voter must
re-
register in order to be eligible to vote, except that when a
registrant has
moved from an address on the registration book to another address
within
the county and has not reregistered, such registrant shall be
allowed to
vote a provisional ballot at any election, or to apply for an
advance voting
ballot, on the condition that such registrant first completes
the application
for registration prescribed by K.S.A. 25-2309, and amendments
thereto.
Completion of the application shall authorize the county election
officer
to update the registration record, if appropriate, for voting in
future elec-
tions. The county election officer shall send, by nonforwardable
first-class
mail, a notice of disposition to any such voter. Whenever the
county elec-
tion officer receives from any other election officer a notice of
registration
of a voter in a different place than that shown in the records of
the county
election officer, such officer shall remove the name of such voter
from
the registration book and party affiliation list.

(c) Every application for registration completed under this
section
shall be returned to the county election officer with the
registration books.

(d) A registrant shall not be removed from the registration list
on the
ground that the registrant has changed residence unless the
registrant:

590 1997 Session
Laws of Kansas Ch.
124

(1) Confirms in writing that the registrant has moved outside
the
county in which the registrant is registered, or registers to vote
in any
other jurisdiction; or

(2) has failed to respond to the notice described in subsection
(e) and
has not appeared to vote in an election during the period beginning
on
the date of the notice and ending on the day after the date of the
second
federal general election that occurs after the date of the
notice.

(e) A county election officer shall send a confirmation notice
upon
which a registrant may state such registrant's current address,
within 45
days of the following events:

(1) A notice of disposition of an application for voter
registration is
returned as undeliverable;

(2) change of address information supplied by the National
Change
of Address program identifies a registrant whose address may
have
changed;

(3) if it appears from information provided by the postal
service that
a registrant has moved to a different residence address in the
county in
which the registrant is currently registered; or

(4) if it appears from information provided by the postal
service that
a registrant has moved to a different residence address outside the
county
in which the registrant is currently registered.

The confirmation notice shall be sent by forwardable mail and
shall
include a postage prepaid and preaddressed return card in a form
pre-
scribed by the chief state election official.

(f) Except as otherwise provided by law, when a voter dies or is
dis-
qualified for voting, the registration of the voter shall be void,
and the
county election officer shall remove such voter's name from the
registra-
tion books and the party affiliation lists. Whenever (1) an
obituary notice
appears in a newspaper having general circulation in the county
reports
the death of a registered voter, or (2) a registered voter requests
in writing
that such voter's name be removed from registration, or (3) a court
of
competent jurisdiction orders removal of the name of a registered
voter
from registration lists, or (4) the name of a registered voter
appears on a
list of deceased residents compiled by the secretary of health and
envi-
ronment as provided in K.S.A. 65-2422, and amendments thereto,
or
appears on a copy of a death certificate provided by the secretary
of health
and environment, the county election officer shall remove from the
reg-
istration books and the party affiliation lists in such officer's
office the
name of any person shown by such list or death certificate to be
deceased.
The county election officer shall not use or permit the use of such
lists
of deceased residents or copies for any other purpose than provided
in
this section.

(g) When the chief state election official receives written
notice of a
felony conviction in a United States district court, such official
shall notify
within five days the county election officer of the jurisdiction in
which

Ch. 124 1997
Session Laws of Kansas
591

the offender resides. Upon notification of a felony conviction
from the
chief state election official, or from a county or district
attorney or a
Kansas district court, the county election officer shall remove the
name
of the offender from the registration records.

(h) Except as otherwise provided in this section, no person
whose
name has been removed from the registration books shall be entitled
to
vote until such person has registered again.

Sec. 6. K.S.A. 1996 Supp. 25-2908 is hereby amended to read
as
follows: 25-2908. (a) Each polling place shall use either: (1) A
registration
book and a poll book, as defined in K.S.A. 25-2507(a) and K.S.A.
25-
2507(b)(1), and amendments thereto; or (2) a registration book, as
de-
fined in K.S.A. 25-2507(b)(2), and amendments thereto. The county
elec-
tion officer shall determine which books are used in each county,
and
which book voters shall sign.

(b) Persons desiring to vote shall give their names, and if
required
their residence, to the judges of election, one of whom shall
announce
the name in a loud and distinct tone of voice, and if the name is
in the
registration books, the member of the election board having the
registra-
tion record shall repeat the name. For the purpose of identifying
voters
at the polling place, the voter shall add the voter's signature, as
listed in
the registration book, to the registration book beside the voter's
printed
name or to the poll book and the voter shall be allowed to vote.
An
election board member shall provide the required signature at the
request
of and on behalf of any voter who is unable to personally affix a
hand-
written signature by reason of physical disability, visual handicap
or lack
of proficiency in reading the English language or any voter 65 or
more
years of age. The judges shall give the voter one and only one of
each
ballot to be cast at the election, on the upper right-hand corner
of each
of which shall be written the number corresponding to the voter's
number
in the registration book or poll books, and the voter's name shall
be
marked in the registration books and the party affiliation list. If
the voter
refuses to sign the registration book or poll book, the election
board judge
shall challenge such person's vote pursuant to K.S.A. 25-414, and
amend-
ments thereto.

If the name of any person desiring to vote at an election is not
in the
registration books, an election board member shall print the name
and
address of the person appearing to vote in the registration book or
poll
book. The person appearing to vote shall add such person's
signature to
the registration book or poll book beside such person's printed
name, as
listed in the registration book or poll book, and the election
board judge
shall challenge such person's vote pursuant to K.S.A. 25-414, and
amend-
ments thereto. During the pendency of a challenge other voters
shall be
given ballots and be permitted to vote.

(c) A voter who has received an advance voting ballot may
vote a

592 1997 Session
Laws of Kansas Ch.
124

regular ballot on election day at the precinct polling place
where the voter
resides if the voter first returns the advance voting ballot to a
judge or
clerk at the precinct polling place. The judge or clerk shall void
such
advance voting ballot.

Sec. 7. K.S.A. 25-3301 is hereby amended to read as follows:
25-
3301. (a) Each registered voter of this state who has declared a
party
affiliation as provided in this section or in K.S.A.
25-3304, and amend-
ments thereto, shall be entitled to vote at every partisan
primary election.

(b) The county election officer shall prepare for each voting
place at
each partisan primary election a party affiliation list, duly
certified by such
officer, which clearly indicates the party affiliation of each
registered voter
in the voting area who has declared a party affiliation. The
registration
book prepared for a voting place pursuant to K.S.A. 25-2318,
and amend-
ments thereto, may be used as such list, but no registration
book prepared
for use at a voting place in an election other than a partisan
primary
election or an election held at the same time as a partisan primary
election
shall indicate in any manner the party affiliation of any voter.
Such list
shall be delivered by the supervising judge to the voting place
before the
opening of the polls.

(c) The party affiliation list provided for by subsection (b)
shall be
used to determine the party affiliation of a voter offering to vote
at a
partisan primary election and of a voter applying for an advance
voting
ballot pursuant to K.S.A. 25-1122, and amendments thereto. If a
voter's
party affiliation is not indicated on the party affiliation list,
such voter
shall state his or herthe voter's party
affiliation in writing on a form
prescribed by the secretary of state. One of the judges
thenA judge at
the precinct polling place, or the county election officer or such
officer's
designee, shall give such voter a primary ballot of the voter's
party affili-
ation, and such person thereupon shall be entitled to vote. Such a
state-
ment of party affiliation shall constitute a declaration of party
affiliation,
and all such signed statements shall be returned to the county
election
officer, who shall cause them to be recorded on the party
affiliation list.

(d) No voter shall be allowed to receive the ballot of any
political
party except that with which such voter is affiliated.

(e) Party affiliation statements shall be preserved for five
(5) years.
The county election officer may then dispose of
the statements in the
manner approved for destruction of ballots as provided in K.S.A.
25-2708,
and amendments thereto.

(f) The county election officer shall update party affiliation
lists as
provided by rules and regulations of the secretary of
state.

Sec. 8. K.S.A. 22a-102 is hereby amended to read as follows:
22a-
102. No person shall be eligible for nomination to the office of
district
attorney unless such person shall have been regularly admitted to
practice
law in the state of Kansas for five (5) years next
preceding his nomination

Ch. 124 1997
Session Laws of Kansas
593

for such office:Provided,That. An
attorney who shall have been a county
attorney, assistant county attorney or assistant district attorney
for the
three (3) years immediately preceding
his nomination as district attorney
shall be eligible for nomination. A person so qualified may become
a
candidate for election to the office of district attorney by either
one of
the following methods:

(a) Any person who is a qualified elector of any judicial
district in
which a district attorney is to be elected and who is otherwise
qualified
under this act may petition to be a candidate for district attorney
of such
judicial district by filing in the office of the secretary of state
a petition
for his candidacy, signed by not less than
five percent (5%)5% of the
qualified electors of such judicial district who voted for the
office of sec-
retary of state at the last preceding general election; or

(b) Any person who is a qualified elector of any judicial
district in
which a district attorney is to be elected and who is otherwise
qualified
under this act may become a candidate for district attorney of such
judicial
district by filing in the office of the secretary of state a
declaration of
intent to be such a candidate and payment therewith of a filing fee
in an
amount equal to one percent (1%)1% of the
annual salary for such office.

(c) Any such petition or declaration of intent
must be filed at the time
and in the manner and form provided in K.S.A. 25-205, to the extent
the
provisions thereof are not in conflict with this act, andfiled by a candidate
to run in the primary election held in accordance with K.S.A.
25-203, and
amendments thereto, shall be filed no later than 12:00 noon, June
10, prior
to such primary election, or if such date falls on Saturday, Sunday
or a
holiday, then before 12:00 noon of the next following day that is
not a
Saturday, Sunday or a holiday. Any such petition or declaration of
intent
filed by an independent candidate for the office of district
attorney shall
be filed no later than 12:00 noon on the Monday preceding the date
fixed
for the holding of primary elections in accordance with K.S.A.
25-203,
and amendments thereto. All laws applicable to the election of
other state
officers shall apply to elections of district attorneys to the
extent the same
are not in conflict with this act.

Sec. 9. K.S.A. 1996 Supp. 25-105 is hereby amended to read as
fol-
lows: 25-105. Except as otherwise provided by law, the county
election
officer shall cause notice of the time of the holding of any
general election
to be published once at least 15 days before such election, except
in the
case of special elections, when 10 days' notice shall be given.
Such notice
shall be published in a paper or papers having circulation in such
county.
Such notice shall state the date and times of such election, the
name of
each person nominated for any public office to be voted upon and
any
propositions to be voted upon. If such election is not held in
conjunction
with another election for which notice of voting areas and polling
places
has been published, the notice required by this section shall also
include

594 1997 Session
Laws of Kansas Ch.
124

such information. When the names to appear on general election
ballots
are definitely known and no later than 25 days prior to any general
elec-
tion, the county election officer shall mail a copy of such notice
to each
person nominated for any public office, except candidates for
president
and vice president of the United States, and to judicial
retention candi-
dates.

Sec. 10. K.S.A. 1996 Supp. 25-306b is hereby amended to read
as
follows: 25-306b. (a) Except as provided by this section, no
person who
has been nominated by any means for any national, state, county or
town-
ship office may cause such person's name to be withdrawn from
nomi-
nation after the day of the primary election.

(b) Any person who has been nominated by any means
whatsoever
for any national, state, county or township office who declares
that they
are incapable of fulfilling the duties of office if elected may
cause such
person's name to be withdrawn from nomination by a request in
writing,
signed by the person and acknowledged before an officer qualified
to take
acknowledgments of deeds. Any such request shall be filed with the
sec-
retary of state in the case of national and state offices and with
the county
election officer in the case of county and township offices. Except
as
provided in subsection (b) of this section(d), in the case of national and
state offices, any such request shall be filed within seven days,
including
Saturdays, Sundays and holidays, after the meeting of the state
board of
canvassers for the final canvass of primary election provided for
in K.S.A.
25-3205, and amendments thereto. Except as provided in
subsection (b)
of this section(d), in the case of county and
township offices, any such
request shall be filed within 10 days after the meeting of the
county board
of canvassers to canvass the primary election as provided in K.S.A.
25-
3104, and amendments thereto. No name withdrawn as provided
in this
section shall be printed on the ballots for such office for the
general
election.

(c) In the case of the death of a person who has been
nominated for
any national, state, county or township office, the county
chairperson of
the political party of which such nominee was a member may cause
such
nominee's name to be withdrawn from nomination by a request in
writing,
signed by the chairperson and acknowledged before an officer
qualified
to take acknowledgements of deeds. Any such request shall be filed
with
the secretary of state in the case of national and state offices
and with the
county election officer in the case of county and township offices.
Except
as provided in subsection (d), in the case of national and state
offices, any
such request shall be filed within seven days, including Saturdays,
Sun-
days and holidays, after the meeting of the state board of
canvassers for
the final canvass of primary election provided for in K.S.A.
25-3205, and
amendments thereto. Except as provided in subsection (d), in the
case of
county and township offices, any such request shall be filed within
10

Ch. 124 1997
Session Laws of Kansas
595

days after the meeting of the county board of canvassers to
canvass the
primary election as provided in K.S.A. 25-3104, and amendments
thereto.
No name withdrawn as provided in this section shall be printed on
the
ballots for such office for the general election.

(b)(d) Whenever there has been a
vacancy which occurred from a
withdrawal under this section, and such vacancy was filled
according to
law, the person filling the vacancy may cause such person's name to
be
withdrawn from nomination in the manner provided in subsection
(a)(b)
or (c) of this section at any time prior to the 40th day before
the general
election.

Sec. 11. K.S.A. 25-308 is hereby amended to read as follows:
25-308.
(a) Any certificate of nomination, nomination petitions or
declaration of
intention to become a candidate, filed or issued in apparent
conformity
with law, shall be deemed to be valid unless:

(1) Objection thereto is made in writing within three days from
the
date the certificate, petitions or declaration is filed with or
issued by the
proper officers; or

(2) in the case of certificates of nomination, nomination
petitions and
declarations of intention to become a candidate, the secretary of
state or
the county election officer finds them to be invalid pursuant to
K.S.A.
25-208a, and amendments thereto.

(b) If the secretary of state or the county election officer
finds anycertificates of nomination, nomination petitions or
declaration of intention
to become a candidate to be invalid pursuant to K.S.A.
25-208a, and
amendments thereto, the candidate on whose behalf the
certificates, pe-
titions or declaration was filed may make objection to such finding
in
writing within three days of receipt by the candidate of notice of
such
finding.

(c) In the case of nominations of national and state officers,
objections
shall be filed with the secretary of state and shall be considered
by the
lieutenant governor, secretary of state, and attorney general, and
a deci-
sion of a majority of these officers shall be final. In the case of
nominations
for county, township, city and school officers, objections shall be
filed
with the county election officer and shall be considered by the
county
election officer, clerk of the district court and county attorney
or district
attorney, and a decision of a majority of these officers shall be
final.

(d) In any case where objection is made, notice shall forthwith
be
given, by the officer with whom the objections are filed, to the
other
officers required to determine the matter and to the candidates
affected
thereby, addressed in the case of candidates to their places of
residence
as given in the nomination petitions, declaration of intention to
become
a candidate or certificate of nomination. The notice shall state
the time
when the objection will be considered, which shall be not more than
five
days following the giving of such notice in the case of nomination
of a

596 1997 Session
Laws of Kansas Ch.
124

national or state officer and not more than three days following
the giving
of such notice in the case of nomination of a county, township,
city or
school officer, and the place where such objections will be
considered.

(e) The causes for objection under this section as to any office
may
be any of those causes listed in K.S.A. 25-1436, and
amendments thereto.
The officers determining any objections under this section may
assess any
costs arising therefrom to either the objector or objectee in
accordance
with the determination made. Such costs shall be paid to the
secretary of
state or the county election officer, as the case may be, and
deposited
thereby in the treasury of the state or county to the credit of its
general
fund. If such costs are not paid within 10 days after the same are
fixed,
the secretary of state or county election officer shall make a
certificate of
the facts and file it with the clerk of the district court in the
county where
the person owing the same resides, and such clerk of the district
court
shall cause the same to be collected as in cases of collection of
court costs,
and when so collected the same shall be disposed of as are court
costs in
such district court.

(f) All mandamus proceedings to compel an officer to certify
and
place upon the ballot any name or names, and all injunction
proceedings
to restrain an officer from certifying and placing upon the ballot
any name
or names, must be commenced not less than 3045 days before the elec-
tion.

Sec. 12. K.S.A. 25-1903 is hereby amended to read as follows:
25-
1903. (a) A person may become a candidate for election to the
office of
state board member by either one of the methods provided in this
section.
(1) Any person who is an elector of any board member district may
pe-
tition to be a candidate for member of the state board from the
board
member district in which such person resides. Any such person shall
file
with the secretary of state a petition for the candidacy of such
person
signed by not less than two hundred (200)200 electors residing in such
board member district. (2) Any person who is an elector of any
board
member district may become a candidate for member of the state
board
from the board member district in which such candidate resides by
filing
in the office of the secretary of state a declaration of intent to
be such a
candidate and payment therewith of a filing fee in
the amount of twenty-
five dollars ($25)$25.

(b) Any such petition or declaration of intent must be
filed in the
form, and at the time and in the manner provided in K.S.A. 25-205,
as
amended, to the extent the provisions thereof are not in conflict
with this
actfiled by a candidate to run in the primary election
held in accordance
with K.S.A. 25-203, and amendments thereto, shall be filed no later
than
12:00 noon, June 10, prior to such primary election, or if such
date falls
on Saturday, Sunday or a holiday, then before 12:00 noon of the
next
following day that is not a Saturday, Sunday or a holiday. Any
such

Ch. 124 1997
Session Laws of Kansas
597

petition or declaration of intent filed by an independent
candidate for the
office of state board member shall be filed no later than 12:00
noon on
the Monday preceding the date fixed for the holding of primary
elections
in accordance with K.S.A. 25-203, and amendments
thereto.

Sec. 13. K.S.A. 1996 Supp. 25-2309 is hereby amended to read
as
follows: 25-2309. (a) Any person may apply in person, by mail,
through a
voter registration agency, or by other delivery to a county
election officer
to be registered. Such application shall be made on: (1) A form
approved
by the secretary of state, which shall be provided by a county
election
officer or chief state election official upon request in person, by
telephone
or in writing; or (2) the mail voter registration application
prescribed by
the federal election commission. Such application shall be signed
by the
applicant under penalty of perjury and shall contain the original
signature
of the applicant or the computerized, electronic or digitized
transmitted
signature of the applicant.

(b) Applications made under this section shall give voter
eligibility
requirements and such information as is necessary to identify the
appli-
cant and to determine the qualifications of the applicant as an
elector and
the facts authorizing such person to be registered, including, but
not
limited to, the following data:

(1) Name;

(2) place of residence, including specific address or location,
and
mailing address if the residence address is not a permissible
postal ad-
dress;

(3) date of birth;

(4) sex;

(5) telephone number, if available;

(6) naturalization data (if applicable);

(7) if applicant has previously registered or voted elsewhere,
resi-
dence at time of last registration or voting;

(8) when present residence established;

(9) name under which applicant last registered or voted, if
different
from present name;

(10) an attestation that the applicant meets each eligibility
require-
ment;

(11) a statement that the penalty for submission of a false
voter reg-
istration application is a maximum presumptive sentence of 17
months in
prison;

(12) a statement that, if an applicant declines to register to
vote, the
fact that the applicant has declined to register will remain
confidential
and will be used only for voter registration purposes;

(13) a statement that if an applicant does register to vote, the
office
to which a voter registration application is submitted will remain
confi-
dential and will be used only for voter registration purposes;
and

598 1997 Session
Laws of Kansas Ch.
124

(14) political party affiliation declaration, if any. An
applicant's failure
to make a declaration will result in the applicant being registered
as an
unaffiliated voter.

If the application discloses any previous registration in any
other county
or state, as indicated by item (7) or item (9)paragraph (7) or (9), or
otherwise, the county election officer shall upon the registration
of the
applicant, give notice to the election official of the place of
former reg-
istration, notifying such official of applicant's present residence
and reg-
istration, and authorizing cancellation of such former
registration.

(c) Any person who applies for registration through a voter
registra-
tion agency shall be provided with, in addition to the application
under
subsection (b), a form which includes:

(1) The question ``If you are not registered to vote where you
live
now, would you like to apply to register to vote here
today?'';

(2) a statement that if the applicant declines to register to
vote, this
decision will remain confidential and be used only for voter
registration
purposes;

(3) a statement that if the applicant does register to vote,
information
regarding the office to which the application was submitted will
remain
confidential and be used only for voter registration purposes;
and

(4) if the agency provides public assistance, (i) the statement
``Apply-
ing to register or declining to register to vote will not affect
the amount
of assistance that you will be provided by this agency.'';

(ii) boxes for the applicant to check to indicate whether the
applicant
would like to register or declines to register to vote, together
with the
statement ``IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE
CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO
VOTE AT THIS TIME.'';

(iii) the statement ``If you would like help in filling out the
voter
registration application form, we will help you. The decision
whether to
seek or accept help is yours. You may fill out the application form
in
private.''; and

(iv) the statement ``If you believe that someone has interfered
with
your right to register or to decline to register to vote, your
right to privacy
in deciding whether to register or in applying to register to vote,
or your
right to choose your own political party or other political
preference, you
may file a complaint with the Kansas Secretary of State, 300 SW
10th St.,
Topeka, KS 66612-1594.''

(d) If any person, in writing, declines to register to vote, the
voter
registration agency shall maintain the form prescribed by
subsection (c).

(e) A voter registration agency shall transmit the completed
registra-
tion application to the county election officer not later than five
days after
the date of acceptance. Upon receipt of an application for
registration,
the county election officer shall send, by nonforwardable
first-class mail,
a notice of disposition of the application to the applicant at the
postal

Ch. 124 1997
Session Laws of Kansas
599

delivery address shown on the application. If a notice of
disposition is
returned as undeliverable, a confirmation mailing prescribed by
K.S.A.
25-2316c, and amendments thereto, shall occur.

(f) If an application is received while registration is closed,
such ap-
plication shall be considered to have been received on the next
following
day during which registration is open.

(g) A person who completes an application for voter
registration shall
be considered a registered voter when the county election officer
adds the
applicant's name to the county voter registration list.

(g)(h) Any registered voter whose
residence address is not a per-
missible postal delivery address shall designate a postal address
for reg-
istration records. When a county election officer has reason to
believe
that a voter's registration residence is not a permissible postal
delivery
address, the county election officer shall attempt to determine a
proper
mailing address for the voter.

Sec. 14. K.S.A. 1996 Supp. 25-2311 is hereby amended to read
as
follows: 25-2311. (a) County election officers shall provide for
the regis-
tration of voters at one or more places on all days except the
following:

(1) Days when the main offices of the county government are
closed
for business, except as is otherwise provided by any county
election officer
under the provisions of K.S.A. 25-2312 and amendments
thereto;

(2) days when the main offices of the city government are closed
for
business, in the case of deputy county election officers who are
city clerks
except as is otherwise provided by any county election officer
under the
provisions of K.S.A. 25-2312 and amendments thereto;

(3) the 14 days preceding the day of primary and general state
elec-
tions;

(4) the 14 days preceding the day of primary city and school
elections,
if either has a primary;

(5) the 14 days preceding each first Tuesday in April of
odd-
numbered years, being the day of city and school general
elections;

(6) the 14 days preceding the day of any election other than
one
specified in paragraphs (3), (4) and (5) of this subsection;
and

(7) the day of any primary or general election or any question
sub-
mitted election.

(b) For the purposes of this section in counting days that
registration
books are to be closed, all of the days including Sunday and legal
holidays
shall be counted.

(c) The secretary of state shall notify every county election
officer of
the dates when registration shall be closed preceding primary and
general
state, city and school elections. The days so specified by the
secretary of
state shall be conclusive. Such notice shall be given by the
secretary of
state by mail at least 60 days preceding every primary and general
state,
city and school election.

600 1997 Session
Laws of Kansas Ch.
124

(d) The last days before closing of registration books as
directed by
the secretary of state under subsection (c) of this section, county
election
officers shall provide for registration of voters during regular
business
hours, during the noon hours and at other than regular business
hours
upon such days as the county election officers deem necessary. The
last
three business days before closing of registration books prior to
state
primary and general elections, county election officers
shallmay provide
for registration of voters until 9:00 p.m. in cities of the first
and second
class.

(e) County election officers shall accept and process
applications re-
ceived by voter registration agencies and the division of motor
vehicles
not later than the 15th day preceding the date of any election;
mailed
voter registration applications that are postmarked not later than
the 15th
day preceding the date of any election; or, if the postmark is
illegible or
missing, is received in the mail not later than the ninth day
preceding the
day of any election.

(f) The secretary of state may adopt rules and regulations
interpreting
the provisions of this section and specifying the days when
registration
shall be open, days when registration shall be closed, and days
when it is
optional with the county election officer for registration to be
open or
closed.

(g) Before each primary and general election held in
even-numbered
years, and at times and in a form prescribed by the secretary of
state,
each county election officer shall certify to the secretary of
state the num-
ber of registered voters in each precinct of the county as shown by
the
registration books in the office of such county election
officer.

Sec. 15. K.S.A. 1996 Supp. 19-3a02 is hereby amended to read
as
follows: 19-3a02. (a) The board of county commissioners of any
county
may adopt a resolution establishing the office of county
administrator.

(b) The board of county commissioners of any county may adopt
a
resolution submitting to the voters of the county whether the
county
should adopt a resolution establishing the office of county
administrator.
Such resolution to establish the office of county administrator
shall not
be effective until the question has been submitted to and approved
by a
majority of the voters of the county voting at an election thereon.
Such
election shall be called and held in the manner provided by the
general
bond law.

(b)(c) Upon presentation of a petition
requesting the establishment
of the office of county administrator signed by at least 5% of the
qualified
electors of the county, the board of county commissioners shall
adopt a
resolution establishing such office. Such resolution shall not be
effective
until the question has been submitted to and approved by a majority
of
the voters of the county voting at an election thereon. Such
election shall
be called and held in the manner provided by the general bond
law.